Problematyka osobowości prawnej Kościoła katolickiego w relacji do państwa

Abstract

Since the Church is a community of the faithful she may be recognized (recognitio) as a corporate body, i.e. the subject of rights and obligations towards the State. The present article discusses certain aspects of the problem. First, general principles of the doctrina of the Catholic Church which should be respected in mutual relations between the State and the Church are presented. Three principles are of fundamental importance: the principle of autonomy and mutual independence of the two communities in their respective scope of activity, the principle of freedom of the Church, the principle of sound co-operation between the two communities. Subsequently, types of status of the Catholic Church formulated in concordats and other international agreements between the Holy See and a national government are discussed. Three types of status are differenciated: public status of the Catholic Church and the Holy See in the international law, public legal status of the Catholic Church within the boundaries of a given state and civil legal status of ecclesiastical corporate bodies. The final part of the article discusses the issue of the recognition of legal status of the Catholic Church by the Polish state, two historical periods being differenciated (1. between the First and the Second World War, 2. after the Second World War). The conclusions concerning the recognition of the status of the Church and its scope are founded upon the analysis of legislative documents (constitutions, concordat). The difference in legal status of the Church in Poland after the Second World War is emphasized. The article also presents the possibilities of establishing sound relations between the State and the Church within the socialist system of law which have emerged in recent years.